How were continuation or divisional applications handled when a petition under 37 CFR 1.48 was filed in the prior application?
When a petition under 37 CFR 1.48 to add an inventor was filed in a prior application, the continuation or divisional application could be handled in one of two ways: Filed with a copy of the executed declaration naming the correct inventive entity from the prior application. Filed with a newly executed declaration naming the…
Read MoreWhat happens to the power of attorney when an inventor is added to a pre-AIA patent application?
When an inventor is added to a pre-AIA patent application through a 37 CFR 1.48 request, it can affect the existing power of attorney. According to MPEP 402.05(b): If the power of attorney was granted by the originally named inventive entity and an added inventor pursuant to § 1.48 does not provide a power of…
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